Indiana Administrative Code
Title 327 - WATER POLLUTION CONTROL DIVISION
Article 2 - WATER QUALITY STANDARDS
Rule 1.3 - Antidegradation Standards and Implementation Procedures
Section 1.3-4 - Exemptions from the antidegradation demonstration requirements and the water quality improvement project or payment to the OSRW improvement fund requirements
Universal Citation: 327 IN Admin Code 1.3-4
Current through September 18, 2024
Authority: IC 13-13-5-1; IC 13-13-5-2; IC 13-18
Affected: IC 13-11-2-24; IC 13-18-7; IC 13-23-13; IC 13-24-1; IC 13-25-5
Sec. 4.
(a) For an ONRW or OSRW inside the Great Lakes basin, an exemption from the antidegradation demonstration requirements included in section 5 of this rule and the water quality improvement project or payment to the OSRW improvement fund requirements included in section 7 of this rule shall be allowed for new or increased loadings of mercury and non-BCCs if the following conditions are met:
(1) All reasonable methods for
minimizing or preventing the new or increased loading have been
taken.
(2) The discharge will last
less than twelve (12) months or three hundred sixty-five (365) days.
(3) A person applies for and receives
authorization from the commissioner.
(4) The discharge will result only in a
short-term, temporary (not to exceed twelve (12) months) lowering of water
quality.
(5) The discharge complies
with the antidegradation standards contained in section 3 of this
rule.
(b) For an HQW except an ONRW or OSRW inside the Great Lakes basin, an exemption from the antidegradation demonstration requirements included in section 5 of this rule and the water quality improvement project or payment to the OSRW improvement fund requirements included in section 7 of this rule shall be allowed for new or increased loadings if the following conditions are met:
(1) All reasonable methods for minimizing or
preventing the new or increased loading have been taken.
(2) The discharge will last less than twelve
(12) months or three hundred sixty-five (365) days.
(3) A person applies for and receives
authorization from the commissioner.
(4) The discharge will result only in a
short-term, temporary (not to exceed twelve (12) months) lowering of water
quality.
(5) The discharge complies
with the antidegradation standards contained in section 3 of this
rule.
(c) For an HQW except an ONRW, a new or increased loading of a regulated pollutant resulting from the following is exempt from the antidegradation demonstration requirements included in section 5 of this rule and the water quality improvement project or payment to the OSRW improvement fund requirements included in section 7 of this rule:
(1) A new
or increased loading of a non-BCC that is a demonstrated de minimis lowering of
water quality as shown by the submission of sufficient information that allows
the commissioner to verify the de minimis as determined according to the
following:
(A) Calculation considerations
according to the following:
(i) The proposed
net increase in the loading of a regulated pollutant is less than or equal to
ten percent (10%) of the available loading capacity determined at the time of
the specific proposed new or increased loading of the regulated pollutant. The
available loading capacity shall be established at the time of each request for
a new or increased loading of a regulated pollutant.
(ii) The benchmark available loading capacity
is equal to ninety percent (90%) of the available loading capacity established
at the time of the request for the initial increase in the loading of a
regulated pollutant.
(iii) For
every request after the time of the request for the initial increase in the
loading of a regulated pollutant, the available loading capacity remaining
after the net increase in the loading of a regulated pollutant must be greater
than or equal to the benchmark available loading capacity.
(B) For heat, except for loadings to Lake
Michigan, the following conditions must be satisfied:
(i) The new or increased loading will not
result in an increase in temperature in a stream or an inland lake, outside of
the designated mixing zone, where applicable.
(ii) The new or increased loading will not
result in an increase in waste heat of an amount in a stream greater than the
amount determined by calculating the number of British thermal units (BTUs)
required to raise the temperature of the stream design flow of the receiving
stream by one (1) degree Fahrenheit.
(C) For loadings to Lake Michigan, relative
to temperature and heat, the following conditions must be satisfied:
(i) The new or increased loading will not
result in an increase in temperature as allowed in
327 IAC
2-1.5-8(c)(4)(D)(iv), at the edge of
a one thousand (1,000) foot arc inscribed from a fixed point adjacent to the
loading.
(ii) The new or increased
loading will not result in an increase in waste heat in an amount greater than
five-tenths (0.5) billion BTUs per hour.
(2) A new or increased loading that results
from one (1) of the following activities that does not require the submission
of information beyond what is required to comply with the discharger's existing
applicable permit:
(A) A change in loading of
a regulated pollutant within the existing capacity and processes that are
covered by an existing applicable permit, including, but not limited to, the
following:
(i) Normal operational variability,
including, but not limited to, intermittent increased loadings due to wet
weather conditions.
(ii) A change
in intake water pollutants not caused by the discharger.
(iii) Increasing the production hours of the
facility, for example, adding a second shift.
(iv) Increasing the rate of
production.
(v) A change at an
internal outfall that does not directly discharge to a surface water of the
state.
(vi) A change in the
applicable effluent limitation guideline based on a change in
production.
(B) A bypass
not prohibited by
327 IAC
5-2-8(11).
(C) A new limit for a regulated pollutant for
an existing permitted discharger that will not allow an increase in either the
mass or concentration of the regulated pollutant discharged, including a new
limit that is a result of one (1) of the following:
(i) New or improved:
(AA) monitoring data; or
(BB) analytical methods.
(ii) New or modified:
(AA) water quality criteria; or
(BB) effluent limitation guidelines,
pretreatment standards, or control requirements for POTWs.
(D) An increased
loading of a regulated pollutant at an existing outfall discharging to a water
of the state due to increasing the sewered area, connection of new sewers and
users, or acceptance of trucked-in wastes, such as septage and holding tank
wastes, by a POTW, provided the following are true:
(i) There is no increase in the existing
NPDES permit limits.
(ii) There is
no increase beyond the treatment capacity of the facility.
(iii) There is no significant change expected
in the characteristics of the wastewater discharged.
(iv) There is no increased loading of BCCs
from nondomestic wastes.
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